74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3336
A-Engrossed
Senate Bill 628
Ordered by the Senate May 14
Including Senate Amendments dated May 14
Sponsored by Senator WALKER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Prohibits discrimination against individual because of
individual's arrest record.
A BILL FOR AN ACT
Relating to discrimination based on arrest record; amending ORS
659A.030 and 659A.421.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 659A.030 is amended to read:
659A.030. (1) It is an unlawful employment practice:
(a) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of { + an arrest record, or + } a juvenile record { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual, to refuse to hire or employ or to bar or
discharge from employment
{ - such - } { + the + } individual. However, discrimination
is not an unlawful employment practice if { - such - }
{ + the + } discrimination results from a bona fide occupational
requirement reasonably necessary to the normal operation of the
employer's business.
(b) For an employer, because of an individual's race, religion,
color, sex, national origin, marital status or age if the
individual is 18 years of age or older, or because of the race,
religion, color, sex, national origin, marital status or age of
any other person with whom the individual associates, or because
of { + an arrest record, or + } a juvenile record { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual, to discriminate against { - such - }
{ + the + } individual in compensation or in terms, conditions
or privileges of employment.
(c) For a labor organization, because of an individual's race,
religion, color, sex, national origin, marital status or age if
the individual is 18 years of age or older { + , + } or because
of { + an arrest record, or + } a juvenile record { - , - }
that has been expunged pursuant to ORS 419A.260 and 419A.262, of
any individual to exclude or to expel from its membership
{ - such - } { + the + } individual or to discriminate in any
way against any { - such - } { + the + } individual or any
other person.
(d) For any employer or employment agency to print or circulate
or cause to be printed or circulated any statement, advertisement
or publication, or to use any form of application for employment
or to make any inquiry in connection with prospective employment
{ - which - } { + that + } expresses directly or indirectly
any limitation, specification or discrimination as to an
individual's race, religion, color, sex, national origin, marital
status or age if the individual is 18 years of age or older or on
the basis of { + an arrest record or + } an expunged juvenile
record, or any intent to make any such limitation, specification
or discrimination, unless based upon a bona fide occupational
qualification. But identifying employees according to race,
religion, color, sex, national origin, marital status, or age
does not violate this section unless the Commissioner of the
Bureau of Labor and Industries, after a hearing conducted
pursuant to ORS 659A.805, determines that such a designation
expresses an intent to limit, specify or discriminate on the
basis of race, religion, color, sex, national origin, marital
status or age.
(e) For an employment agency to classify or refer for
employment, or to fail or refuse to refer for employment, or
otherwise to discriminate against any individual:
(A) On the basis of the individual's race, color, national
origin, sex, religion, marital status or age, if the individual
is 18 years of age or older;
(B) Because of the race, color, national origin, sex, religion,
marital status or age of any other person with whom the
individual associates; or
(C) Because of { + an arrest record or + } a juvenile record
{ - , - } that has been expunged pursuant to ORS 419A.260 and
419A.262.
However, it is not an unlawful employment practice for an
employment agency to classify or refer for employment any
individual { - where such - } { + when the + } classification
or referral results from a bona fide occupational requirement
reasonably necessary to the normal operation of the employer's
business.
(f) For any person to discharge, expel or otherwise
discriminate against any other person because that other person
has opposed any unlawful practice, or because that other person
has filed a complaint, testified or assisted in any proceeding
under this chapter or has attempted to do so.
(g) For any person, whether an employer or an employee, to aid,
abet, incite, compel or coerce the doing of any of the acts
forbidden under this chapter or to attempt to do so.
(2) The provisions of this section apply to an apprentice under
ORS 660.002 to 660.210, but the selection of an apprentice on the
basis of the ability to complete the required apprenticeship
training before attaining the age of 70 years is not an unlawful
employment practice. The commissioner shall administer this
section with respect to apprentices under ORS 660.002 to 660.210
equally with regard to all employees and labor organizations.
(3) The compulsory retirement of employees required by law at
any age is not an unlawful employment practice if lawful under
federal law.
(4)(a) It is not an unlawful employment practice for an
employer or labor organization to provide or make financial
provision for child care services of a custodial or other nature
to its employees or members who are responsible for a minor
child.
(b) As used in this subsection, 'responsible for a minor child'
means having custody or legal guardianship of a minor child or
acting in loco parentis to the child.
SECTION 2. ORS 659A.421 is amended to read:
659A.421. (1) No person shall, because of race, color, sex,
marital status, source of income, { + arrest record, + }
familial status, religion or national origin of any person:
(a) Refuse to sell, lease or rent any real property to a
purchaser.
(b) Expel a purchaser from any real property.
(c) Make any distinction, discrimination or restriction against
a purchaser in the price, terms, conditions or privileges
relating to the sale, rental, lease or occupancy of real property
or in the furnishing of any facilities or services in connection
therewith.
(d) Attempt to discourage the sale, rental or lease of any real
property to a purchaser.
(e) Publish, circulate, issue or display, or cause to be
published, circulated, issued or displayed, any communication,
notice, advertisement or sign of any kind relating to the sale,
rental or leasing of real property which indicates any
preference, limitation, specification or discrimination based on
race, color, sex, marital status, source of income, { + arrest
record, + } religion or national origin.
(f) Assist, induce, incite or coerce another person to commit
an act or engage in a practice that violates this subsection and
subsection (3) of this section.
(g) Coerce, intimidate, threaten or interfere with any person
in the exercise or enjoyment of, or on account of having aided or
encouraged any other person in the exercise of, any right granted
or protected by this section.
(2)(a) No person whose business includes engaging in
residential real estate related transactions shall discriminate
against any person in making available such a transaction, or in
the terms or conditions of such a transaction, because of race,
color, sex, marital status, source of income, { + arrest
record, + } familial status, religion or national origin.
(b) As used in this subsection, 'residential real estate
related transaction' means any of the following:
(A) The making or purchasing of loans or providing other
financial assistance:
(i) For purchasing, constructing, improving, repairing or
maintaining a dwelling; or
(ii) For securing residential real estate; or
(B) The selling, brokering or appraising of residential real
property.
(3) No real estate licensee shall accept or retain a listing of
real property for sale, lease or rental with an understanding
that a purchaser may be discriminated against with respect to the
sale, rental or lease thereof because of race, color, sex,
marital status, source of income, { + arrest record, + }
familial status, religion or national origin.
(4) No person shall, for profit, induce or attempt to induce
any other person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
a person or persons of a particular race, color, sex, marital
status, { - source of income, - } familial status, religion or
national origin { + or having a particular source of income or
arrest record + }.
(5) For purposes of subsections (1) to (4) of this section, '
source of income' does not include federal rent subsidy payments
under 42 U.S.C. 1437f, income from specific occupations or income
derived in an illegal manner.
(6) Subsections (1) and (3) of this section do not apply with
respect to sex distinction, discrimination or restriction if the
real property involved is such that the application of
subsections (1) and (3) of this section would necessarily result
in common use of bath or bedroom facilities by unrelated persons
of opposite sex.
(7)(a) This section does not apply to familial status
distinction, discrimination or restriction with respect to
housing for older persons.
(b) As used in this subsection, 'housing for older persons '
means housing:
(A) Provided under any state or federal program that is
specifically designed and operated to assist elderly persons, as
defined by the state or federal program;
(B) Intended for, and solely occupied by, persons 62 years of
age or older; or
(C) Intended and operated for occupancy by at least one person
55 years of age or older per unit. Housing qualifies as housing
for older persons under this subparagraph if:
(i) At least 80 percent of the dwellings are occupied by at
least one person 55 years of age or older per unit; and
(ii) Policies and procedures which demonstrate an intent by the
owner or manager to provide housing for persons 55 years of age
or older are published and adhered to.
(c) Housing shall not fail to meet the requirements for housing
for older persons if:
(A) Persons residing in such housing as of September 13, 1988,
do not meet the requirements of paragraph (b)(B) or (C) of this
subsection. However, new occupants of such housing shall meet the
age requirements of paragraph (b)(B) or (C) of this subsection;
or
(B) The housing includes unoccupied units. However, such units
are reserved for occupancy by persons who meet the age
requirements of paragraph (b)(B) or (C) of this subsection.
(d) Nothing in this section limits the applicability of any
reasonable local, state or federal restrictions regarding the
maximum number of occupants permitted to occupy a dwelling.
(8) In the sale, lease or rental of real estate, no person
shall disclose to any person that an occupant or owner of real
property has or died from human immunodeficiency virus or
acquired immune deficiency syndrome.
(9) The provisions of subsection (1)(a) to (d) and (f) of this
section that prohibit actions based upon familial status or sex
do not apply to the renting of space within a single-family
residence if the owner actually maintains and occupies the
residence as the owner's primary residence and all occupants
share some common space within the residence.
(10) Any violation of this section is an unlawful practice.
----------